View source for EC v Birmingham and Solihull Mental Health NHS Trust (2013) EWCA Civ 701, (2013) MHLO 47

''The appellant restricted patients had sought [[extra-statutory recommendations]], in relation to leave and transfer, but the First-tier Tribunal had refused, without hearing evidence, to make recommendations. (1) The parliamentary answer in relation to extra-statutory recommendations given by a Home Office minister on 28/10/87, and the fact that recommendations had been made and considered in the past, did not give rise to a legitimate expectation that the tribunal would entertain submissions that a recommendation should be made. (2) If the FTT had been faced with the contention that leave or transfer were necessary or available parts of the patient's treatment (in relation to the test in [[s72]](1)(b)(iia)) it would have had to consider it, but in these cases it had not been.'' [Summary based on Lawtel and All ER (D) reports.]

==Related judgments==
[[EC v Birmingham and Solihull Mental Health NHS Trust (2013) EWCA Civ 701, (2013) MHLO 47]]
*[[EC v Birmingham and Solihull Mental Health NHS Trust (2012) UKUT 178 (AAC), (2012) MHLO 70]]

==MHLR==
{{MHLR|2014|23}}

==Other==
Hearing: 8/5/13 (extempore judgment)

Before: Laws, Rimer and Beatson LJJ

Roger Pezzani (instructed by Guile Nicholas) for the claimants

Martin Chamberlain QC (instructed by the Treasury Solicitor) for the Secretary of State

==Citations==
C v Birminham & Solihul Mental Health NHS Trust and another; F v St Andrews Health Care and another

[2013] All ER (D) 95 (May), LTL 9/5/2013 EXTEMPORE

==External link==
{{#bailii:[2013] EWCA Civ 701}}

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